We are planning on serving S21 to TT who have access to free housing solicitors help due to the nature of their work and have shown manipulative behaviour several times. Last time they made us pay for emergency same day plumber for the kitchen (they blocked the drain) by claiming that water was coming from the floor in the bathroom, bathroom was flooded (fire or flood - two emergencies, LOL). Plumber confirmed that he didn’t see any problem in the bathroom.
How can they play the system to slow the S21 eviction down if we have all checks done and all certificates valid, deposit registered with DPS in time and generally do everything by the book and in time? Do I remember it right that TT can claim some disrepair and then refuse access for the workman?
Forewarned is forearmed, so any help is appreciated.
A valid deposit certificate is not enough. If you haven’t given them the prescribed information document from the DPS and the Ts&C’s within 30 days of deposit protection (the DPS prescribed information document is very clear that you should do this), I wish you the best of luck. Not only will they invalidate the S21 and you’ll have to start the whole process again, but they’ll also sue you (for us to 3x the value of the deposit) for not ‘properly protecting’ their deposit. Make sure those documents were signed. If they weren’t, then you have zero proof and their ‘no win, no fee’ solicitor will have a field day. On top of that, you’ll have to refund their deposit before you start a new section 21.
They’ll find all sorts of problems and notify the council, who will come round to check if they are genuine problems. If they are, the council can put a notice on the property, if they do they’ll try and get the S21 cancelled under ‘retaliatory eviction’, providing that you were aware of the council’s report PRIOR to the S21 being given. You are correct, the tenant can refuse access to a workman, the clause in your AST stating that the landlord can access within 24 hours is meaningless. If you want access and the tenant will not provide access, you’ll need a court order. The section 21 will remain invalid even if they do not allow you to enter. In terms of ‘disrepair’, you need to have a signed inventory at the start of the tenancy and ideally with photos attached. Then, when the tenant claims how everything was broke from the start, you have proof that it wasn’t. Don’t be surprised if the tenant takes you to a tribunal to request a rent reduction for to the ‘disrepair’.
Make sure you give a couple of days extra, on top of the 2 months notice, otherwise they’ll try and get you on giving too short a notice.
No matter how frustrating the process may seem, under no circumstances pressure them to leave - don’t anything that may constitute as ‘harassment’ or ‘intimidation’ as it seems to be their favourite form of argument and defence.
Hand deliver the S21 and take a photo of it being posted through their letterbox. Even better, get a solicitor to deliver it for you, so they cannot claim that they never received it. Make sure you fill in a ‘Certificate of Service Form’ (N215 form), which can be found on the Gov website) for the courts satisfaction, as proof that you did serve the S21.
If you have any doubts or concerns that they will contest this/ make your life a misery, get yourself a solicitor. Yes, it will cost money, but it will cost you a lot more in the long run if you lose the court possession order and have to start again, especially with the Renter’s Reform Bill around the corner. You cannot afford to make a mistake. If you have followed the above they have no chance, but expect it to take up to 6 months to get rid of them, if they drag their heels.
I’d say, for matters of claimed disrepair, you need to have started from a detailed and well documented check-in inventory which you must have signed by the tenant or at least an email from them accepting it and any agreed amendments. I believe for an email acceptance to count, the email address used must be one that has been documented in the tenancy agreement for the serving of notices and any other communications between you.
After many years of using a good inventory clerk I have realised that I can do the job to a higher standard. The first one took most of a day (formatting document took longest) but subsequent ones will take substantially less time. Over 150 timestamped images included with the documented served within a couple of days of the tenancy starting and a few more days to agree any amendments (there were none).
Did you definitely give the official DPS Prescribed information documentation and the terms and conditions of the DPS (both documents can be directly downloaded from the DPS website) to the tenant and did you retain a signed copy? These are separate to the certificate.
Most landlords don’t do this and it’s their downfall, especially with a savvy tenant that potentially knows the rules better than you do.
I always use a solicitor when I know I’m dealing with an awkward tenant. I use a local company where you can visit the office and speak face to face, I don’t recommend long distance/ online, it’s just not the same.
Yes, both documents served and the TT confirmed the receipt by e-mail (Tenancy Agreement is from N L R A and stipulates that documents can be sent by e-mail). We have been doing Landlording for years, but it’s the second time we get such manipulative TT. To make us pay pay for emergency plumber when they blocked the pipe - it takes some convoluted thinking.
How much was your solicitor’s bill, if I may ask? A couple of thousands roughly? (I don’t mean being nosy, just to consider the expense).
No, you’re not being nosey. You’re looking at 2-3k, but honestly it’s worth it. Mess it up and you’ll end up wasting a lot more time and paying court fees twice over (currently £404 each application). If your tenant has the capability of becoming rogue and stops paying you, then the solicitors fee will seem like a bargain.
In terms of point 2, do whatever the council requests, be compliant. The chances are the tenant will refuse access anyway but if they don’t, even better. Go in there, sort out whatever issues have been pointed out by the tenant and show the council that you are the model landlord. They’ll then write up a report for you which will work in your favour, as you can prove that you are a decent landlord.
The solicitor will fill in all of the court forms correctly and can apply for the tenant to pay for court costs (but not legal fees), if it was a S8, then the tenant would also pay legal fees.
If you know of any breaches to the tenancy agreement, serve the tenant as well S8 for good measure.
You’re very welcome, I know that I could have done with this kind of advice at the time, so I’m glad that I can help someone else out and prevent it from happening to them!
All this is great advice, I just want to add one thing. If you do deliver S21, try taking the photo of the delivery with a timestamp camera app. Just a bit more evidence, should it be needed. Hopefully your tenants will see sense and the benefit of a reference from you. Good luck
Thank you for the tip, Alice. They actually pay the rent. Our gripe is that they’re not honest and try to solve any issues with manipulation. We lost all respect for them. We lost trust as well. Time to evict is NOW. )))
I recently started an S21 eviction (which I’ve now had to halt due to health reasons) and agree with all the advice given.
If you can’t find a local solicitor locally with I’m happy to recommend a guy called Peter Thibault. He’s a senior consultant for a London based firm called Bolt Burdon. He was recommended to me by a LL who owns over 60 properties and was impressed when he used him recently.
He was happy to provide estimated costs and also offers fixed fee services.
I can not recommend them exactly, but I once spoke to a company called Landlord Action. I had a helpful conversation and they sent a quote that did not make me fall off my chair. Fortunately my issue resolved amicably.
They have been recommended many times on a similar Facebook forum to this one.
Like you tim, been around the block as a LL. The trouble is the law continually changes and becomes more convoluted, more draconian against the landlord and perhaps excessive bias towards the tenant in a slow moving legal system.
Having a solicitor is important and reduces the stress. A few years ago i shelled out over £8000 on a high st solicitor by not getting a price up front. you must serve a section 21 to be free of these people and maybe consider selling. Things are only going to get worse for LL’s